Obtaining Rights to Artists and Content For Use in Music-Driven TV Productions
October 30, 2006
The producers of music-driven television programs, such as variety specials and music-based TV series, typically must negotiate with several key parties to obtain the rights to use the music and the services of the artists in the show. These parties include: music publishers that own, control and/or administrate the music compositions performed 'live and in concert' and/or on sound-recording masters included in the program; the record labels that own, control and/or administrate the masters; and the labels that are entitled to the exclusive recording services of the artists performing the music in the TV show. The program producer, who will likely have created the concept and format for the TV production, usually undertakes all of the production's associated risks and is responsible for the program's financing.<br>In the following interview coordinated by Entertainment Law & Finance Editor-in-Chief, Stan Soocher, Santa Monica, CA-based entertainment-attorney Henry Root discusses key aspects of the clearance process involved in music-driven TV productions, as well as producer/label negotiations and how they may affect the artist. Root has over 25 years of experience in the music and TV industries.
<b>Sales & Service Strategies:</b> Same Rules Apply
September 29, 2006
Marketing and business-development professionals perform many jobs, including the vital undertaking of helping attorneys stay in touch and expand their network. We spend tremendous amounts of time, energy and money, day in and day out ' on CRM systems, training programs, one-on-one coaching, sports and entertainment programs, seminars, and reminder e-mails ' to help attorneys stay top of mind. <br>If we spend time every week preaching this, why don't we follow our own advice? It's what we call 'Cobbler's Syndrome.' We are the cobbler's children and we have no shoes.
Bit Parts
September 28, 2006
Copyright Infringement/Expert Witnesses<br>Copyright Infringement/Substantial Similarity<br>Copyright Infringement/Summary Judgment<br>Intellectual Property Rights/Community Property<br>Royalty Suits/Motion to Dismiss<br>Video-Game Laws/Constitutionality<br>Upcoming Events
Courthouse Steps
September 28, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Counsel Concerns
September 28, 2006
The U.S. District Court for the Eastern District of Pennsylvania decided it has supplemental jurisdiction over a legal malpractice claim included in a suit over renewal rights to the 1970s hit 'Disco Inferno.' <i>Dimensional Music Publishing LLC v. Kersey.</i>
Role for Patents In Videogame Industry
September 28, 2006
For videogame developers, publishers and investors, the most important asset is the intellectual property rights they own or control in a game. All of the elements of a videogame ' the story, audiovisual elements, underlying computer code and even 'gameplay' elements (ie, that specify the way a user interacts with and experiences a game) ' are subject to one or more forms of intellectual property protection. Traditionally, intellectual property protection for videogames has been based upon either trade secret, copyright or trademark. Patents, however, are quickly becoming an important part of the videogame industry.
Cameo Clips
September 28, 2006
BANKRUPTCY PRIORITIES/PAYMENTS TO MUSICIANS<br>BANKRUPTCY/COPYRIGHT STATUTORY DAMAGES<br>COPYRIGHT OWNERSHIP/DERIVATIVE WORKS<br>MUSICAL COMPOSITIONS/PUBLIC PERFORMANCE<br>
<b>Decision of Note: </b>Burden on Plaintiff for Contingent Fees
September 28, 2006
The Court of Appeal of California, Second District, Division Five, found that the trial court didn't err in refusing to shift the burden of proof to defendant NBC Studios in a suit for contingent compensation by the executive producers of the TV series 'The Profiler.' <i>Sanders/Moses Productions Inc. v. NBC Studios Inc.</i>
<b><i>Case Study</b></i> Infringement Suit over Rap Song Offers Useful Tips for Litigators
September 28, 2006
Copyright-infringement suits in which plaintiff accuses defendant of improperly taking from the plaintiff to create the defendant's work are common in the entertainment industry. But even with the frequency and long history of this type of litigation, infringement principles continue to develop as litigators face many substantive and procedural challenges. In the following interview, conducted by Entertainment Law & Finance Editor-in-Chief Stan Soocher, veteran entertainment-litigator Christine Lepera ' a partner in the New York office of Sonnenschein Nath & Rosenthal LLP ' discusses infringement litigation issues from her perspective as defense counsel in the copyright suit that was filed in the U.S. District Court for the Southern District of New York against rappers Ludacris and Kanye West and related companies. <i>BMS Entertainment/Heat Music LLC v. Bridges</i>.
